[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6414 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 6414

 To amend the Help America Vote Act of 2002 to establish standards for 
   the open and accurate tabulation of votes and aggregation of vote 
    counts in elections for Federal office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2006

   Mr. Holt introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL



 To amend the Help America Vote Act of 2002 to establish standards for 
   the open and accurate tabulation of votes and aggregation of vote 
    counts in elections for Federal office, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vote Tabulation Audit Act of 2006''.

SEC. 2. STANDARDS FOR OPEN AND ACCURATE TABULATION OF VOTES AND 
              AGGREGATION OF VOTE COUNTS.

    (a) Requiring States To Meet Standards.--Section 301(a) of the Help 
America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at 
the end the following new paragraph:
            ``(7) Requirements for tabulation of votes and aggregation 
        of vote counts.--
                    ``(A) Requirements.--In tabulating votes and 
                determining the aggregate vote count in any election 
                for Federal office, each State shall meet the following 
                requirements:
                            ``(i) Upon the closing of the polls at each 
                        polling place, the appropriate election 
                        official shall tabulate each of the following, 
                        in the aggregate for the entire polling place 
                        and also per precinct in the case of a polling 
                        place serving more than one precinct:
                                    ``(I) The number of regular ballots 
                                cast on each voting machine, and the 
                                number cast by hand on regular or 
                                emergency ballots, at the polling 
                                place.
                                    ``(II) The number of votes per 
                                candidate (excluding over-votes).
                                    ``(III) The number of spoiled 
                                ballots.
                                    ``(IV) The number of over-votes, 
                                under-votes, and blank votes for each 
                                candidate (or their equivalent).
                                    ``(V) The number of provisional 
                                ballots cast, both on paper and by 
                                voting machine, including a designation 
                                of which method was used.
                                    ``(VI) The serial number or numbers 
                                (in the case of a system with more than 
                                one such number), model, and 
                                manufacturer of each voting system on 
                                which votes were recorded at the 
                                polling place.
                                    ``(VII) The total number of 
                                individuals who appeared at the polling 
                                place to cast ballots, determined by 
                                reference to the number of signatures 
                                at a sign-in book or other similar 
                                independent count.
                                    ``(VIII) The total number of voters 
                                who cast ballots in all elections for 
                                Federal office on the ballot at the 
                                polling place.
                                    ``(IX) The number of individuals 
                                who desired to cast ballots in 
                                elections for Federal office at the 
                                polling place but were prohibited from 
                                casting ballots (including provisional 
                                ballots under section 302(a)) by the 
                                election official.
                                    ``(X) Such other information as the 
                                State may require.
                            ``(ii) The appropriate election official at 
                        the polling place shall prepare a preliminary 
                        certification of the vote count at the polling 
                        place (as tabulated under clause (i)) under the 
                        observation of the certified tabulation 
                        observers admitted to the polling place under 
                        subparagraph (F) (if any), shall announce the 
                        vote count orally, and shall provide and post a 
                        paper copy of the preliminary certification for 
                        the admitted tabulation observers and to any 
                        election official at the polling place. The 
                        election official at the polling place shall 
                        ensure that each of the certified tabulation 
                        observers admitted to the polling place has 
                        full access to observe the process by which the 
                        preliminary certification is produced. Election 
                        officials shall establish procedures to ensure 
                        that any duplicate certificates are accurate 
                        and identical.
                            ``(iii) After the requirements of clause 
                        (ii) are met, under the observation of the 
                        certified tabulation observers admitted to the 
                        polling place under subparagraph (F) (if any), 
                        an appropriate election official shall display 
                        at a prominent location accessible to the 
                        public during regular business hours a paper 
                        copy of the preliminary certification prepared 
                        under clause (ii). Thereafter, an appropriate 
                        election official, in the manner prescribed by 
                        applicable State or local law, shall transmit 
                        the information contained in such preliminary 
                        certification to the central vote tabulation 
                        center designated for the tabulation of votes 
                        by the chief State election official.
                            ``(iv) As soon as practicable after 
                        information is entered into the central vote 
                        tabulation center under clause (iii), 
                        subparagraph (B) (with respect to early votes), 
                        subparagraph (C) (with respect to absentee 
                        ballots), and subparagraph (D) (with respect to 
                        provisional ballots counted as votes in the 
                        election), the information shall be displayed 
                        on the official public websites of the 
                        applicable local election official and chief 
                        State election official, and shall be displayed 
                        in a manner which displays for each voting 
                        system, together with the name of the 
                        designated voting official who entered the 
                        information and the date and time the 
                        information was entered, each of the following:
                                    ``(I) The information tabulated 
                                under clause (i).
                                    ``(II) The number of early ballots 
                                cast on each day of the early voting 
                                period.
                                    ``(III) The aggregate number of 
                                early votes cast for each candidate.
                                    ``(IV) The number of absentee 
                                ballots received on each day on which 
                                such ballots are permitted to be 
                                received and counted under State law.
                                    ``(V) The aggregate number of 
                                absentee votes cast for each candidate.
                                    ``(VI) The aggregate number of 
                                provisional ballots cast.
                                    ``(VII) The number of provisional 
                                votes cast for each candidate.
                        In no event may the information required to be 
                        displayed under this clause be displayed later 
                        than noon on the day following the date of the 
                        election (or, with respect to information on 
                        early votes, absentee ballots, and provisional 
                        ballots, prior to the closing of the polls on 
                        the date of the election or later than noon on 
                        the day following the date on which the votes 
                        and ballots are counted). All of the 
                        information required to be posted under this 
                        clause shall be presented in a format under 
                        which any individual may visit the website and 
                        view and download all of the information.
                            ``(v) Certified tabulation observers shall 
                        be authorized to check the information posted 
                        under clause (iv) and compare the information 
                        with the preliminary certifications provided 
                        under clause (ii), subparagraph (B) (with 
                        respect to early votes), subparagraph (C) (with 
                        respect to absentee ballots), and subparagraph 
                        (D) (with respect to provisional ballots 
                        counted as votes in the election). Each website 
                        on which information is posted under clause 
                        (iv) shall include information on the 
                        procedures by which discrepancies shall be 
                        reported to election officials. If any 
                        discrepancy exists between the posted 
                        information and the relevant preliminary 
                        certification, the appropriate election 
                        official shall display information on the 
                        discrepancy on the website on which the 
                        information is posted under clause (iv) not 
                        later than 24 hours after the official is made 
                        aware of the discrepancy, and shall maintain 
                        the information on the discrepancy and its 
                        resolution (if applicable) on such website 
                        during the entire period for which results of 
                        the election are typically maintained on such 
                        website.
                            ``(vi) The appropriate election official 
                        shall preserve archived copies of the 
                        preliminary certifications prepared under 
                        clause (ii) and reports of discrepancies filed 
                        by certified tabulation observers for the 
                        period of time during which records and papers 
                        are required to be retained and preserved 
                        pursuant to title III of the Civil Rights Act 
                        of 1960 (42 U.S.C. 1974 et seq.) or for the 
                        same duration for which archived copies of 
                        other records of the election are required to 
                        be preserved under applicable State law, 
                        whichever is longer.
                    ``(B) Treatment of ballots cast at early voting 
                sites.--
                            ``(i) Application.--The requirements of 
                        this subparagraph shall apply with respect to 
                        the preliminary certification of the tabulation 
                        of, and the public posting of information 
                        related to, ballots cast by individuals in 
                        person at designated sites prior to the date of 
                        the election.
                            ``(ii) Publication of security 
                        procedures.--Prior to the commencement of the 
                        period during which ballots described in clause 
                        (i) may be cast, the chief State election 
                        official shall post on the official's public 
                        website the procedures used to ensure that the 
                        ballots are secured prior to being counted.
                            ``(iii) Daily count of early ballots 
                        cast.--At the close of business on each day on 
                        which ballots described in clause (i) may be 
                        cast prior to the date of the election, the 
                        appropriate election official at each such site 
                        shall--
                                    ``(I) post a preliminary count of 
                                the total number of ballots cast 
                                (excluding information on the votes 
                                received by individual candidates), a 
                                separate count of the number of ballots 
                                cast with respect to each precinct 
                                served by the site, and a separate 
                                count of the number of individuals who 
                                desired to cast ballots at the site but 
                                were prohibited from casting ballots 
                                (including provisional ballots under 
                                section 302(a)) by the election 
                                official;
                                    ``(II) under the observation of 
                                certified tabulation observers admitted 
                                to the site under subparagraph (F) (if 
                                any), prepare and provide a paper copy 
                                of a preliminary certification of the 
                                information described in subclause (I);
                                    ``(III) under the observation of 
                                certified tabulation observers admitted 
                                to the site under subparagraph (F) (if 
                                any), display at the site, at a 
                                prominent location accessible to the 
                                public during regular business hours, a 
                                paper copy of the preliminary 
                                certification prepared under subclause 
                                (II); and
                                    ``(IV) after meeting the 
                                requirement of subclause (III), seal 
                                and secure the ballots for transmission 
                                to the central vote tabulation center 
                                designated to receive and tabulate 
                                votes for the jurisdiction involved or 
                                for storage at the site.
                            ``(iv) Application of general tabulation 
                        requirements.--Upon the closing of the polls on 
                        the date of the election, the appropriate 
                        election official at the site at which such 
                        ballots were received or stored prior to the 
                        date of the election shall meet the 
                        requirements of subparagraph (A) with respect 
                        to such ballots (including requirements 
                        relating to the role of certified tabulation 
                        observers) in the same manner as an election 
                        official at a polling place.
                    ``(C) Treatment of absentee ballots.--
                            ``(i) Publication of security procedures.--
                        Prior to the first date on which absentee 
                        ballots may be requested, the chief State 
                        election official shall post on the official's 
                        public website the procedures used to ensure 
                        that absentee ballots cast in elections for 
                        Federal office in the State are secured prior 
                        to being counted.
                            ``(ii) Daily count of ballots mailed and 
                        received.-- At the close of each business day 
                        on which a State mails or accepts absentee 
                        ballots cast in an election for Federal office 
                        prior to the date of the election, the 
                        appropriate election official shall--
                                    ``(I) provide a preliminary count 
                                of the total number of absentee ballots 
                                mailed and received by the official 
                                during that day, a separate count of 
                                the number of absentee ballots mailed 
                                and received with respect to each 
                                precinct under the official's 
                                jurisdiction, and a separate count of 
                                the number of absentee ballots received 
                                but rejected (separated into categories 
                                of the reasons for rejection);
                                    ``(II) under the observation of 
                                certified tabulation observers admitted 
                                under subparagraph (F) to the site at 
                                which the ballots are mailed and 
                                received (if any), prepare and provide 
                                a paper copy of a preliminary 
                                certification of the information 
                                described in subclause (I);
                                    ``(III) under the observation of 
                                certified tabulation observers admitted 
                                under subparagraph (F) to the site (if 
                                any), display at the site, at a 
                                prominent location accessible to the 
                                public during regular business hours, a 
                                paper copy of the preliminary 
                                certification prepared under subclause 
                                (II); and
                                    ``(IV) after meeting the 
                                requirement of subclause (III), seal 
                                and secure the ballots in the manner 
                                provided for under applicable State 
                                law.
                            ``(iii) Application of general tabulation 
                        requirements.--At the close of business on the 
                        last day on which absentee ballots are counted 
                        prior to the certification of the election, the 
                        appropriate election official at the site at 
                        which absentee ballots are received and counted 
                        shall meet the requirements of subparagraph (A) 
                        with respect to such ballots (including 
                        requirements relating to the role of certified 
                        tabulation observers) in the same manner as an 
                        election official at a polling place.
                    ``(D) Treatment of provisional ballots.--
                            ``(i) Publication of security procedures.--
                        Prior to the first day on which provisional 
                        ballots may be cast, the chief State election 
                        official shall post on the official's public 
                        website the procedures used to ensure that 
                        provisional ballots cast in elections for 
                        Federal office in the State are secured prior 
                        to being counted.
                            ``(ii) Daily count of ballots.--At the 
                        close of business on the day on which the 
                        appropriate election official determines 
                        whether or not provisional ballots cast in an 
                        election for Federal office will be counted as 
                        votes in the election (as described in section 
                        302(a)(4)), the official shall--
                                    ``(I) provide a preliminary count 
                                of the number of such ballots for which 
                                a determination was made, the number of 
                                ballots counted, the number of ballots 
                                rejected, and a separate count of the 
                                number of individuals at voting sites 
                                who desired to cast ballots but were 
                                prohibited from casting provisional 
                                ballots by the election official 
                                (separated into categories of the 
                                reason for the prohibition);
                                    ``(II) under the observation of 
                                certified tabulation observers admitted 
                                under subparagraph (F) to the site at 
                                which the determination is made (if 
                                any), prepare and provide a paper copy 
                                of a preliminary certification of the 
                                information described in subclause (I); 
                                and
                                    ``(III) under the observation of 
                                certified tabulation observers admitted 
                                under subparagraph (F) to the site (if 
                                any), display at the site, at a 
                                prominent location accessible to the 
                                public during regular business hours, a 
                                paper copy of the preliminary 
                                certification prepared under subclause 
                                (II).
                    ``(E) Requirements in case of system failure during 
                tabulation.--
                            ``(i) In general.--If during the course of 
                        tabulating the information required under this 
                        paragraph a voting system fails or there is 
                        otherwise a system break or error which 
                        prevents the appropriate election official from 
                        meeting the requirements of subparagraph 
                        (A)(i), the official shall--
                                    ``(I) under the observation of 
                                certified tabulation observers admitted 
                                to the site under subparagraph (F) (if 
                                any), seal and (in a segregated manner) 
                                secure any ballots already counted and 
                                any ballots yet to be counted;
                                    ``(II) not later than 12 hours 
                                after sealing and securing the ballots, 
                                repair (directly or by contract) the 
                                system under the observation of such 
                                observers (if any); and
                                    ``(III) as soon as practicable 
                                after the system is repaired, resume 
                                the tabulation of the information and 
                                meet the other requirements of 
                                subparagraph (A).
                            ``(ii) Effect of catastrophic failure.--If 
                        a voting system fails in a catastrophic manner 
                        so that it cannot be repaired within the 
                        deadline referred to in clause (i)(II), the 
                        ballots cast on the system shall be handled and 
                        tabulated in the manner provided under 
                        applicable State law.
                    ``(F) Admission of certified tabulation 
                observers.--
                            ``(i) Certified tabulation observer 
                        defined.--In this paragraph, a `certified 
                        tabulation observer' is an individual who is 
                        certified by an appropriate election official 
                        as authorized to carry out the responsibilities 
                        of a certified tabulation observer under this 
                        paragraph.
                            ``(ii) Selection.--In determining which 
                        individuals to certify as tabulation observers 
                        and admit to a polling place or other location 
                        to serve as certified tabulation observers with 
                        respect to an election for Federal office, the 
                        election official shall give preference to 
                        individuals who are affiliated with a candidate 
                        in the election, except that--
                                    ``(I) the number of individuals 
                                admitted who are affiliated with the 
                                same candidate for Federal office may 
                                not exceed one; and
                                    ``(II) the maximum number of 
                                individuals who may be admitted shall 
                                equal the number of candidates in the 
                                election plus 3, or such greater number 
                                as may be authorized under State law.
                            ``(iii) Responsibilities of election 
                        officials.--The appropriate election official 
                        shall provide certified tabulation observers 
                        with assistance and materials necessary to 
                        enable the observers to carry out their 
                        responsibilities under this paragraph, 
                        including--
                                    ``(I) providing not fewer than 2 
                                hours of training;
                                    ``(II) providing sample preliminary 
                                certification reports consistent with 
                                the reports which will be used on the 
                                date of the election; and
                                    ``(III) furnishing each observer 
                                with an appropriate badge or other 
                                identification which may be worn while 
                                the observer is exercising the 
                                observer's function under this 
                                paragraph.
                            ``(iv) No effect on admission of other 
                        observers.--Nothing in this subparagraph may be 
                        construed to limit or otherwise affect the 
                        authority of other individuals to enter and 
                        observe polling place operations under any 
                        other law, including international observers 
                        authorized under any treaty or observers of the 
                        Federal Government authorized under the Voting 
                        Rights Act of 1965.
                    ``(G) Mandatory hand recount in case of unresolved 
                discrepancy.--
                            ``(i) Recount in the case of unresolved 
                        discrepancy required prior to certification of 
                        result.--If the chief State election official 
                        determines, on the basis of information 
                        reported under subparagraph (A), that there is 
                        an unresolved discrepancy between the 
                        information posted on the website of the chief 
                        State election official and the preliminary 
                        certification provided to a certified 
                        tabulation observer under subparagraph (A) for 
                        any precinct in which ballots are cast in an 
                        election, the chief State election official may 
                        not issue a final certification of the results 
                        of the election until the appropriate election 
                        official has completed a hand count of the 
                        ballots cast in the election in the precinct in 
                        which the unresolved discrepancy exists, using 
                        the voter-verified paper records of votes cast 
                        on voting machines if required by Federal or 
                        State law or used in the jurisdiction, or (if 
                        not) the permanent paper records required to be 
                        produced under paragraph (2).
                            ``(ii) Posting of information.--The chief 
                        State election official shall ensure that the 
                        information obtained during the hand count 
                        conducted under clause (i), including the final 
                        certified vote totals, shall be displayed on 
                        the official public websites of the applicable 
                        local election official and chief State 
                        election official using the same categories and 
                        in the same manner applicable to the 
                        information required to be displayed with 
                        respect to a preliminary vote count under 
                        subparagraph (A)(iv).
                    ``(H) No effect on other tabulation requirements.--
                Nothing in this Act may be construed to supersede any 
                requirement that an election official at a polling 
                place report vote totals to a central tabulation 
                facility and address discrepancies the official finds 
                in the aggregation of those totals with other vote 
                totals.''.
    (b) Payments to States To Cover Costs of Carrying Out Tabulations 
at Certain Polling Places of Votes Cast on Optical Scan Voting 
Systems.--
            (1) Payments.--Subtitle D of title II of such Act (42 
        U.S.C. 15321 et seq.) is amended by adding at the end the 
        following new part:

   ``PART 7--PAYMENTS TO COVER COSTS OF TABULATIONS OF VOTES CAST ON 
                          OPTICAL SCAN SYSTEMS

``SEC. 297. PAYMENTS TO STATES TO COVER COSTS OF CARRYING OUT 
              TABULATIONS AT CERTAIN POLLING PLACES OF VOTES CAST ON 
              OPTICAL SCAN VOTING SYSTEMS.

    ``(a) Payments to States.--The Commission shall make payments to 
reimburse eligible States for the costs incurred in obtaining and 
operating the equipment (including software) necessary to tabulate at 
the polling places described in subsection (c) the votes cast on any 
optical scan voting systems used at such polling places, as required 
under section 301(a)(7)(A)(i).
    ``(b) Amount of Payment.--The amount of the payment made to a State 
under this part shall be based upon the reasonable costs incurred by 
the State in obtaining and operating the equipment described in 
subsection (a), as determined on the basis of information provided by 
the State at such time and in such form as the Commission may require.
    ``(c) Polling Places Described.--A polling place is described in 
this subsection if, with respect to the most recent elections for 
Federal office held in the State prior to the enactment of the Vote 
Tabulation Audit Act of 2006--
            ``(1) the votes cast in the election were cast on optical 
        scan voting systems; and
            ``(2) the votes cast on such systems were not tabulated at 
        the polling place but at a central count facility in the State.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated for payments under this 
part such sums as may be necessary for fiscal year 2008, to remain 
available until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the item relating to 
        subtitle D of title II the following:

   ``Part 7--Payments To Cover Costs of Tabulations of Votes Cast on 
                          Optical Scan Systems

``Sec. 297. Payments to States to cover costs of carrying out 
                            tabulations at certain polling places of 
                            votes cast on optical scan voting systems.
``Sec. 297A. Authorization of appropriations.''.
    (c) Adoption of Model Posting Format by Election Assistance 
Commission.--
            (1) Adoption of model format.--Part 3 of subtitle B of 
        title II of such Act (42 U.S.C. 15361 et seq.) is amended by 
        adding at the end the following new section:

``SEC. 223. MODEL FORMAT FOR POSTING TABULATION OF VOTES AND AGGREGATE 
              VOTE COUNTS.

    ``(a) Adoption of Model Format.--In the same manner as the 
Commission adopts the voluntary voting system guidelines under section 
222, the Commission shall adopt a model format for the posting of the 
tabulation of votes and aggregate vote counts which may be used by 
States in meeting the requirements for the tabulation and aggregation 
of vote counts produced by voting systems under section 301(a)(7).
    ``(b) Development of Proposed Model Format by Development 
Committee.--In addition to the duties described in section 221(b), the 
Development Committee shall develop and forward to the Executive 
Director of the Commission a proposed model format for the Commission 
to adopt under this section.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to part 3 
        of subtitle B of title II the following new item:

``Sec. 223. Model format for posting tabulation of votes and aggregate 
                            vote counts.''.
    (d) Effective Date.--Section 301(d) of such Act (42 U.S.C. 
15481(d)) is amended by striking ``January 1, 2006'' and inserting 
``January 1, 2006 (or, in the case of the requirements of subsection 
(a)(7), shall meet such requirements with respect to each election for 
Federal office held after November 2007)''.
                                 <all>